The Conflicts Of Interest And Control In Lawyers' Practice

The role of lawyer means lawyer has duty to act in behalf of client. When the lawyer's representation of the client is adversely affected or may be adversely affected, the conflicts of interest may easily appear, and as a trustee, the lawyer may make use of his advantage position to damage the client. The conflicts of interest not only may make great damage to client, but also will break faith of the lawyer in legal practice, even endanger the existence of lawyer's profession and the valid operation of the judiciary. Therefore, the conflicts of interest become a focus in the law service market. This article asserts that the lawyer should take on integrative loyalty to client in the practice of law, mainly analyses what factors and how they threaten the lawyer to offer independent professional judgment and self-giving loyalty in legal practice, then discusses how to control the conflicts of interest in the view of manage, includes the advantages and disadvantages of every control mechanism, points out that we should mix different control mechanisms in order to control the conflicts, after that, the writer will study the actuality of conflicts of interest in our country and the measures.Besides preface and conclusion, this article is divided into four parts:Chapter 1: General Analysis of Conflicts of Interest. This chapter begins from the analysis of lawyer's role and duty, this analysis is the base of the discussion of conflicts of interest. Then the writer defines the meaning of conflicts of interest, and analyzes its main characters.Chapter 2: Conformation and Reason of Conflicts of Interest. According to the different types of relation that arose conflicts, this chapter divides the conflicts of interest into three kinds of conformation, they are: Conflicts of interest in single clientage based on the lawyer's interest, conflicts of interest in multiple clientage based on the related interest between clients, conflicts of interest taking place form outside interference.Chapter 3: Control Conflicts of Interest. This chapter divides the control mechanisms into two types. The internal control includes supervise and waiver of client and self-discipline of law firm, the external regulation involves law prohibition, autonomy of industry and the judicatory remedy. Every control mechanism has its advantages and disadvantages, so we should mix different control mechanisms in order to control the conflicts.Chapter 4: Actuality of Conflicts of Interest in Lawyers'Practice in China and the Measures. This chapter firstly describes the actuality and developmental trend of conflicts of interest in our country. Then analyzes the limitation of regulation system and offers some measures.